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After the war, there were many cases in the court which established that a deserted wife had a right to remain in occupation of the matrimonial home. This chapter discusses the example of where the husband, after deserting his wife, would sell the house over her head, or mortgage it without her knowledge. The court has previously held that the trustee stood in no better position than the husband and could not turn her out. On one hand, there were banks who desired to recoup themselves all that was owing to them. On the other hand, there was the wife. Finally, the House of Lords allowed this...

After the war, there were many cases in the court which established that a deserted wife had a right to remain in occupation of the matrimonial home. This chapter discusses the example of where the husband, after deserting his wife, would sell the house over her head, or mortgage it without her knowledge. The court has previously held that the trustee stood in no better position than the husband and could not turn her out. On one hand, there were banks who desired to recoup themselves all that was owing to them. On the other hand, there was the wife. Finally, the House of Lords allowed this simple proposition to remain: If the husband remained himself as the sole owner of the house, he cannot himself turn the wife out. She has a personal right, but she has no equity against anyone else.